HomeMy WebLinkAboutORD NO 4926ORDINANCE NO. 4
AN ORDINANCE ADDING SECTIONS 17.04.077 AND
17.04.078 AND AMENDING SECTIONS 17.24.020;
17.28.030; AND 17.30.020 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO ZONING.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Sections 17.04.077 and 17.04.078 of the Bakersfield Municipal Code are
hereby enacted to read as follows:
Chapter 17.04 Definitions
17.04.077 Brewery or Distillery, Large
"Brewery or distillery, large" means the manufacturing of more than 15,000
barrels per year of beer, ale, malt beverages, or more than 100,000 gallons of
distilled spirits; not including wine. Operations shall continuously comply with the
following Operational Standards:
Maintain an approved Wastewater Discharge Plan from the Bakersfield
Public Works Department.
2. Maintain a valid California Department of Alcohol and Beverage
Control (ABC( license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution
Control District, if applicable; and adhere to industry best practices for
odor reduction.
17.04.078 Brewery or Distillery, Small
"Brewery or distillery, small" means the manufacturing of 15,000 barrels, or
less, per year of beer, ale, malt beverages, or 100,000 gallons, or less, of distilled
spirits; not including wine. Operations shall continuously comply with the
following Operational Standards:
Maintain an approved Wastewater Discharge Plan from the Bakersfield
Public Works Department.
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2. Maintain a valid California Department of Alcohol and Beverage
Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution
Control District, if applicable; and adhere to industry best practices for
odor reduction.
4. Include and continuously operate a bona -fide food service /restaurant
component, on -site.
SECTION 2.
Sections 17.24.020; 17.28.030; and 17.30.020 of the Bakersfield Municipal
Code are hereby amended to read as follows:
17.24.020 Uses Permitted
The following uses are permitted in the C -2 zone:
A. Any use listed in the Uses Permitted section in the C -O and C -1 zones.
B. Any of the following uses:
1. Adult entertainment establishments as defined in Section
17.69.020 and subject to the regulations of Chapter 17.69,
2. Apparel and accessory stores.
3. Appliance store, including stoves, refrigerators, washers, dryers,
and other electric or gas appliances, including repair.
4. Automobile accessory or part stores, including stereo, phone,
tire, upholstery and tune -up specialty shops but excluding heavy
or major mechanical work and all body or paint work, and
where all work is conducted inside a building.
5. Automobile dealership, new and used.
6. Automobile rental agency, including limousine service.
7. Bowling center, billiards.
8. Brewery or distillery, small.
9. Camera and photographic supply.
10. Card room, bingo parlor.
11. Carpet and upholstery cleaners.
12. Carwash, detailing.
13. Computers and computer software store.
14. Department store.
15. Farmers market; provided it is conducted on a paved surface,
shall not be operated more than 2 -days per calendar week, has
been certified by the Kern County Agricultural Commissioner,
and that adequate parking is available through joint, shared or
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19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37
38.
39.
40.
41.
42,
43.
44.
45.
46.
other arrangement as approved by the Planning Director
pursuant to Chapter 17.58.
Food vending vehicle.
Floor covering store.
Funeral services, including a crematory provided it is incidental
to the main use.
Furniture store, including rental.
Garage for public or commercial parking.
Gift, novelty and souvenir store.
Hardware store, including home building and garden supply.
Hobby, toy and game store.
Home furnishings, including kitchenware, glassware, lamps and
lighting, and fireplace inserts.
Hospital, sanitarium.
Hotel, motel, including restaurants, bars and cocktail lounges,
provided they are incidental to the main use.
Luggage and leather goods.
Military surplus store.
Motion picture theater and auditoriums, excluding drive -in.
Motorcycle dealership, new and used.
Musical instrument store.
Nurseries.
Paint, glass and wallpaper store.
Pool and spa sales, provided there is no outside storage of
material.
Radio, television and other consumer electronics store, including
repair.
Record, tape, disk and other pre- recorded music and video
store.
Restaurant and related eating places, including drive - through
services and on -site alcohol sales when served together with and
incidental to the serving of food, or in a cocktail lounge or bar
which is an accessory use to the restaurant, including
entertainment.
Sewing, needlework and piece good store.
Skating rinks.
Sporting goods, including bicycles, camping equipment,
firearms, skiing and golf.
Taxidermist.
Theater, cinema, excluding drive -in.
Trade, vocational or specialized school.
Used merchandise, including antiques, books, furniture, thrift
shops, and pawnshops.
Variety store.
Video arcade.
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C. The accessory buildings or structures necessary to such use located on
the same lot or parcel of land.
D. Dwelling for use by caretaker or night security, or as accessory and
incidental to the permitted use on the parcel.
17.28.030 Uses Permitted Only By Conditional Use Permit
While any use may be permitted by conditional use permit pursuant to
Subsection B of Section 17.64.020, the following uses are not permitted in the M -1
zone except by conditional use permit issued in accordance with the
procedures provided in Chapter 17.64 of this title:
A. Agricultural packing plants.
B. Aircraft and automobile factories.
C. Automobile parts manufacturer.
D. Battery manufacturer.
E. Breweries or distilleries, large.
F. Clinics, hospitals, sanitariums or other buildings for contagious, mental,
drug or liquor addiction cases.
G. Equestrian establishments, stables, riding academies, schools or
amusements.
H. Freighting or trucking yards or terminals.
I. Livestock slaughtering and processing, wholly within a building.
J. Machine shops, including punch presses and automatic screw
machines.
K. Planing mills.
L. Residential dwellings.
M. Tire rebuilding, recapping and retreading plants.
N. Food and /or shelter service agencies as defined in Section 17.04.285.
17.30.020 Uses Permitted
The following uses are permitted in an M -2 zone:
A. Any use permitted in the M -1 zone; provided, however, that no
building shall be used as a dwelling except accessory buildings which
are incidental to the permitted use of the land, and that no building
shall have a dwelling unit except when such use as a dwelling unit is
incidental to the primary use of the building;
B. Any of the following uses:
1. Acetylene gas manufacture or storage.
2. Aircraft and automobile factories.
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3.
Agricultural packing plants (vegetables and fruits(.
4.
Alcohol and alcoholic beverages manufacture.
5.
Ammonia, chlorine and bleaching powder manufacture.
6.
Automobile and truck manufacture.
7.
Bag cleaning.
8.
Blast furnaces.
9.
Boiler or tank works.
10.
Breweries or distilleries, large.
11.
Brick, tile or terra cotta products manufacture.
12.
Building materials manufacture.
13.
Carpet and rug manufacture.
14.
Cement and lime manufacturing when the manufacturing plant
is equipped capable of collecting at least 97% of all particulate
matter from kiln gases.
15.
Clay product manufacture.
16.
Coke ovens.
17.
Cotton gins or oil mills.
18.
Crematories.
19.
Creosote treatment or manufacture.
20.
Disinfectant manufacture.
21.
Distillation of coal, wood or tar.
22.
Dyestuffs manufacture.
23.
Exterminator or insect poison manufacture.
24.
Feed, flour and grains mills.
25.
Firearms manufacture.
26.
Forge plants.
27.
Freighting and trucking yards and terminals.
28.
Freight classification yards.
29.
Glass and glass product manufacture.
30.
Grain elevator.
31.
Iron, steel, brass or copper foundries or fabrication plants, and
heavy weight casting.
32.
Lamp black manufacture.
33.
Linoleum or oiled products manufacture.
34.
Machine shops including punch presses and automatic screw
machines.
35.
Ore reduction.
36.
Paint, oil, shellac, turpentine or varnish manufacture.
37.
Paper or pulp manufacture.
38.
Petroleum refining and reclaiming plants.
39.
Planing mills.
40.
Plastic manufacture.
41,
Potash works.
42.
Railroad roundhouses and repair shops.
43.
Rolling mills.
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44. Rubber processing and manufacture.
45. Sawmills.
46. Soap manufacture.
47. Sodium compounds manufacture.
48. Starch manufacture.
49. Tar roofing or waterproofing or other tar products manufacture.
50. Automobile and truck parts manufacturer.
51. Battery manufacturer.
52. Creameries.
53. Metal container manufacturer.
54. Tire rebuilding, recapping, and retreading plants.
55. Adult entertainment establishments as defined in Section
17.69.020 and subject to the regulations of Chapter 17.69.
56. Food and /or shelter service agencies as defined in Section
17.04.285.
C. The accessory buildings or structures necessary to such use located on
the same lot or parcel of land.
SECTION 3.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
- - - - -- 00000 - - - - --
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HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council I of Oth%City of Bakersfield at a regular meeting thereof held on
TTOO by the following vote:
✓ ✓ ✓ ✓
AVEB'. COUNCILMEMBER'. RIVERA, GONZALES, WEIR, SMITH, FREEMAN, Stltt1VfiV, PnR6FR
COUNCILMEMBER: tJDC�>
ABSTAIN. COUNCILMEMBER:
SENT: COUNCILMEMBER: �i�d wnn r Pnr C✓
APPROVED: JAN 101018
By:
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney / s
RICHARD IGER
Deputy City Attorney
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S: \COUNCIL \Orris \I7- 18 \17.04.D77etc oning.docx
YY�l�4 V •V,•M/IM1/'� /Y'ir1
CHRISTOPHER GERRY
ACTING CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
CHRISTOPHER GERRY, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 12th day of January. 2018 he posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4926 passed by the
Bakersfield City Council at a meeting held on the 10th day of January. 2018 and
entitled:
AN ORDINANCE ADDING SECTIONS 17.04.077 AND
17.04.078 AND AMENDING SECTIONS 17.24.020;
17.28.030; AND 17.30.020 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO ZONING.
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: (I � 4 a P
DEPUTY C ty Clerk
S.\ 0CUMENTFORMSWOP ORD wpd